Effective May 28, 2004
| WAC 170-290-0015 How does the WCCC program
determine my family size for eligibility?
We determine your family size by reviewing those individuals who
live together in the same household as follows:
- If you are:
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We count the following
individuals as part of the family for WCCC eligibility: |
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A
single parent, including a minor parent living independently;
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You
and your children.
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Unmarried parents who have at least one mutual child;
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Both
parents and all their children living in the household.
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Unmarried parents with no mutual children;
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Unmarried parents and their respective children living in the
household as separate WCCC families.
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Married parents;
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Both
parents and all their children living in the household.
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Undocumented parents;
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Parents and children, documented and undocumented, as long as
the child needing care is a U.S. citizen or legally residing in
the United States. All other family rules in this section apply.
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-
A
consumer as defined in WAC
170-290-0005 (1)(c) through (i);
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The
children only. (The children and their income are counted.)
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A
minor parent with children and live with a parent/guardian;
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Only
the minor parent and their children.
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A
family member who is out of the household because of employer
requirements, such as the military or training, and is
expected to return to the household.
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You,
the absent individual, and the children. Subsection (1)(b) and
(d) of this section apply.
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A
family member who is voluntarily out of the household for
reasons other than requirements of the employer, such as
unapproved schooling and visiting family members, and is
expected to return to the household.
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You,
the absent individual and the children. Subsection (1)(b) and
(d) of this section apply as well as WAC
170-290-0020.
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An
incarcerated family member.
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The
absent individual is removed from the household. We count all
remaining household members. All other family rules in this
section apply.
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- If your household includes:
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We count the following
individuals as part of the family for WCCC eligibility: |
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Eighteen year old siblings of the children who require care
and are enrolled in high school or general equivalency diploma
(GED) program.
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The
eighteen year olds (unless they are a parent themselves), until
they turn nineteen or complete high school/GED, whichever comes
first. All other family rules in this section apply.
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Siblings of the children requiring care who are up to
twenty-one years of age and who are participating in an
approved program through the school district's special
education department under RCW 28A.155.020.
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The
individual participating in an approved program through RCW
28A.155.020 up to twenty-one years of age (unless they are a
parent themselves). All other family rules in this section
apply.
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Note: This is a reprint of the official rule as published by the Office of the Code Reviser.
If there are previous versions of this rule, they can be found using the Legislative Search page.
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clarifying information
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We consider married or unmarried TANF and non-TANF minor parents a separate family when they, with their child, reside with a parent or guardian.
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We do not count the income of the grandparent or guardian toward household income.
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We do not consider the ability and availability of the grandparent or guardian to provide care.
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EXAMPLE 1
Jack and Diane are the unmarried minor parents of Shady Tree. The three of them live with Diane's mother. Diane has 1 sibling still living at home. We consider Jack, Diane, and Shady Tree a separate family from Diane's mother. Count only the income of Jack, Diane and Shady Tree for the purposes of eligibility and co-payment. Do not consider Diane's mother for ability or availability to provide care.
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EXAMPLE 2
Tony is a single father of a one year
old child. He and the child live with his father. Tony, his child
and his father are all on a TANF grant
together. Tony needs child care to attend his last year of high
school.
Count only Tony and his child as part of the WCCC household and their income for eligibility and co-payment purposes. We do not consider Tony's father's ability or availability to provide care for his grandchild. |
- We base WCCC family units primarily on how the child is related to the adults, not to other children.
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EXAMPLE
1
Lucy and Kevin are unmarried parents. They have 2 mutual children and he has 1 child from a previous relationship. While living together, we consider them a family of 5. Kevin leaves the home with no indication he is returning. All the children remain with Lucy. Lucy is potentially eligible for WCCC for herself and 2 children. To receive WCCC for Kevin's child she would need to apply for and receive TANF as an in loco parentis. |
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EXAMPLE
2
Lucy and Kevin are unmarried parents. They have 2 mutual children and he has 1 child from a previous relationship. We consider them a family of 5. Kevin leaves the home for a non work-related reason and expects to return to the household. All the children remain with Lucy. We still consider them a family of 5. They must meet all eligibility rules, including WAC 170-290-0020
and WAC 170-290-0045. |
- If a parent is out of the household due to an approved
activity, their actual schedule does not have to coincide with the
remaining parent’s schedule. In these cases, allow for
WCCC for the remaining parent’s schedule if the family is income
eligible.
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EXAMPLE
Jason and Jennifer are approved for WCCC with children. She is in the military and is sent out on assignment. Jason's work schedule is Monday-Friday 8am-5pm. Jennifer works graveyard. We do not consider her work hours as she is not available for care and she is in an approved activity. Authorize care using Jason's schedule only. |
- If a parent in a two parent home voluntarily leaves the home but has plans to return, continue to count them in the household number. All WCCC rules continue to apply to them.
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EXAMPLE 1
Mary and Rick receive WCCC. Rick leaves his job to care for his mother in Alabama. We still consider Rick a part of the household, but his activity no longer meets WAC
170-290-0010(2). The family is no longer eligible for WCCC as we consider Rick "available" for care per WAC 170-290-0020(1)(c)(ii). |
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EXAMPLE 2
Kerry and Steve apply for WCCC on 5/15. Kerry reports she is working but plans to quit work on 6/30 to attend college/training out of state for 60 days. We still consider Kerry part of the household when she leaves but her activity no longer meets WAC
170-290-0010(2). The family is no
longer eligible for WCCC as of 6/30 as Kerry would be considered “available” for
care per WAC 170-290-0020(1)(c)(ii). |
- If a parent is either removed from the country or is waiting to enter the country, we do not consider that parent as part of the household and do not count their income. If the second parent is sending money to the WCCC consumer, consider it child support income for the WCCC consumer.
Remind the WCCC consumer they are required to report to WCCC as soon as the second parent enters the household. Redetermine the consumer's eligibility at that point.
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EXAMPLE
Jerry and Maria are approved for WCCC and have two children. On February 20th, Maria reports Jerry was deported to Mexico and he is waiting to return to the country. Because he is no longer in the country, not by his choice, remove him from the household and adjust Maria's copayment for March. Advise Maria to report when he returns to the country. |
- Do not count the employment earnings of a person described in WAC
170-290-0015 (2) toward the household's income.
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EXAMPLE 1
Mary applies for child care while she is employed. She has two children; an 11-year-old and an 18-year old who are siblings. The 11-year-old requires before and after school care. The 18-year-old is enrolled in high school and working part-time. Include the 18-year-old as part of the household until she has completed high school or turns 19 whichever comes first. Do not count the 18-year-old's employment earnings toward the household income.
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EXAMPLE 2
Jack and Janet apply for care for their 9-year-old. They also have a 19-year-old at home. The 19-year-old is still enrolled in a special education program at the high school. He also works at a sheltered employment site. Count the 19-year-old as a member of the household, but do not count his income. The family size is four. |
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Legal shared
custody, visitation and informal custody arrangements: When a case arises where one or both parents apply for child
care and the children either live in both households or visit (such as for
spring break, summer, or overnight):
Gather as much information as possible from both parents about their agreed custody arrangement. Parents do not need to provide a formal 'parenting plan'. Based on the information you receive, determine eligibility as you would for any WCCC applicant.
If a parent is paying child support and the child comes to visit them for the summer, allow the deduction for the child support paid and authorize WCCC if the family qualifies.
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EXAMPLE 1
Nick and Gwen
are divorced and have 3 children. Nick has primary custody and the
children visit Gwen one week a month. Both Nick and Gwen work and are
financially eligible for WCCC as separate households. Gwen pays child
support to Nick.
Both parents can apply and be eligible for WCCC as separate households. Base the amount of care they are eligible for on their individual work schedules.
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EXAMPLE 2
Joe and Lilly have mutual children but are not married and do not live together. Joe is eligible for 115 hours of care Monday through Wednesday. Approve WCCC for Joe for 22 units.
Joe reports the children spend every Thursday and Friday with their mom who works Sunday-Wednesday. Lilly applies for WCCC and wants care for Thursday and Friday when she does not work. Deny Lilly as she does not work on the days she is requesting care.
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EXAMPLE 3
Julie and Juan have 2 mutual children. The children live with Juan and receive WCCC. Julie, who lives in another town, will have the children during spring break week.
Julie works Monday through Friday. She applies for WCCC to cover the time she is working. We determine she is eligible. Authorize child care for the week the children are with Julie.
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See D. - Allowable Activities for WCCC
Consumers for information about consumers who are self-employed and
who are not in approved activities.
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